Additional affidavits to be filed before hearing
4.06 Additional affidavits to be filed before hearing
Before the hearing of a creditor’s petition, the applicant creditor must comply with this rule.
The applicant creditor must file an affidavit that:
states that the documents required to be served under rule 4.05 have been served, and when and how they were served; and
has attached to it a copy of the documents that were served and proof of service in relation to the documents.
The applicant creditor must file an affidavit, of a person who has, no earlier than the day before the hearing date for the petition, searched, or caused a search to be made, in the National Personal Insolvency Index, that:
sets out the details of any references in the Index to the debtor; and
states that there were no details of a debt agreement, about the debt on which the applicant creditor relies, in the Index:
on the day when the petition was presented; and
on the day when the search was made; and
has attached to it a copy of the relevant extract of the Index.
The applicant creditor must file an affidavit of a person who knows the relevant facts that:
was sworn as soon as practicable before the hearing date for the petition; and
states that each debt on which the applicant creditor relies is still owing.
If a debt stated in the petition is an amount payable to the applicant creditor under a judgment of a court that ordered the amount to be paid into the court, the applicant creditor must file an affidavit:
of a person who has, not earlier than the day before the hearing date for the petition, searched in the proper office of the court; and
that states whether the amount of the debt (or part of that amount) has been paid as ordered.
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